Can women have the right to decline instant triple talaq, SC asks Muslim Law Board

DDN CorrespondentPosted on 17 May, 2017 at 12:49:PM IST

On the fifth day of its hearing on the contentious issue of triple talaq, the Supreme Court today asked the All India Muslim Personal Law Board (AIMPLB) if it is possible to give women the right to decline instant triple talaq.

The top court constitution bench headed by Chief Justice JS Khehar suggested that a clause can be added on the Nikaah Nama to say that the marriage cannot be dissolved by the husband by pronouncing instant triple talaq.

The apex court also asked whether their advisory will be followed by the Qazi at the ground level. Replying to the query, Yousuf Hathim Muchala, an AIMPLB lawyer, said, "The advisory of AIMPLB is not mandatory for all Qazi to follow. However, we accept the suggestion in all humility and will look at it."

The AIMPLB also showed the court a resolution passed on April 14, 2017 which says that triple talaq is a sin and the community should boycott the person doing such an act.

With this, the AIMPLB ended its arguments and senior advocate Raju Ramachandran, appearing for Jamiat Ulema-e-Hind, opened his argument.

Senior Congress leader Kapil Sibal on Tuesday scored a self goal today when, while defending triple talaq in the Supreme Court, said the instant oral divorce practice among Muslims was a "matter of Islamic faith". He also compared triple talaq with belief in Lord Ram.

A five-judge constitution bench, headed by Chief Justice JS Khehar, is hearing a clutch of petitions challenging the practice of triple talaq among Muslims.